Recent 70% Rating & Iu Claim

[relpats]

USAF retired in 1996 & 15 years later submit VA Claim for issues, 3 of which granted over the next 18 months;

Dermatitis - 60%, Broken toe - 10%, Tinnitus - 10%

Total - 70% (A couple of claims pending)

The award letter contained a VA Form 4107 with many possible eligibilities, one of which stating one may apply for IU. Checked the VA website & it said if rated @ 70% with one at least disability at 40% meets qualification to apply. Applied and a C&P doc that appears to be from India or Pakistan attempts to dismiss me with out examining my red haired, fair skinned dermatitis. After 3 minutes of looking at the computer he makes eye contact and says, "You are here for a skin exam and I don't see any flakes, the exam is over and you can go".

To keep this post short, I ask, "Aren't you going to look at this or at that"? He reluctantly does very little observation as if he doesn't want to touch me. He plops back down in his chair, asks me when was the last time I looked for a job and tells me, 'You can work".

I get a copy of the exam and by his opin I will be reduced from 60% down to 10% for the dermatitis and opined that it is less likely that my condition is service connected. I had two skin C&P's last year before being awarded the 60% in Mar of this year. The dermatitis has been ruled service connected already. My SMR shows diagnosis in 1978 and treatment throughout my 21 year career. Furthermore, my post-service dermatologist prescribes Class 1&2 corticosteroids to combat the disorder. If this foreign doctor is successful, I will cease to receive the CRDP that I just started receiving in April 2012. I am a military retiree and if reduced below 50% receive nothing in essence.

Any advice?

Edited August 27, 2012 by relpats

[USMC5811]

I am fairly new to all this so I'm just giving my two cents....... if what happened to you, happened to me....I would quickly get at least one IMO (Independent Medical Opinion)and/or and IME (Independent Medical Exam) from a specialist (dermatologist) to refute what this doctor's opinion is concerning the severity of your already service connected dermatitis. I would then send (receipt requested) or take it in person (I would have whoever I hand it to provide proof of receipt) to my RO with a cover letter attached. In the cover letter I would let them know exactly what was done in reference to the VA exam they sent you to and what that doctor said to you and you to him. I would also state somewhere in the cover letter that you are attaching a recently obtained IMO to dispute the VA examiners opinion. Hadit.com has a link that explains what should be included by a physician/specialist when writing an IMO which can be found here: There is also a DBQ (Disability Benefit Questionairres) for dermatitis/skin disorders located here http://benefits.va.g...isabilityexams/ that I would request be filled out by my Dermatogist.

At the very least I would personally send a letter to my RO if I felt I did not receive a proper exam. That's just me....even with the VA I'm of the opinion if no one reports inadequate exams being conducted by a doctor then it is not going to get fixed.

My understanding is before VA reduces your compensation they do send you a letter of their intent and it is possible to appeal the reduction. Some rules for reduction can be found here: I have never seen where a C&P examiner can reduce your compensation - my understanding is that only a rater can actually do this?...unless your referring to what he opinionated on the exam report, when comparing it to the disability rating table for that contention would more closely fit a possible rating of 10% versus your current 60%.

Being the pessimist that I am....I would try to head them off at the pass. Not sure if other more experienced vets would tell you to just wait to see if the VA actually tries to reduce you before worrying about it or getting an IMO/IME. Like I said...this is just my two cents . I can't give any advice in regards to your IU claim - hopefully someone with more experience will post soon.

Welcome to hadit.com and thanks for your service to our country!

Edited August 27, 2012 by USMC5811

[Berta]

I completely agree with the excellent advice that USMC5811 gave you.

First thing I noted was your retiree status and the CRDP -so it is critical to fight this lousy C & P.

I too believe strongly that many vets should "head them off at the pass" and not accept an exam as biased as this one was.

I have seen claims at the BVA whereby a veteran was award TDIU due to a skin condition so severe that it precluded substantial employment.

The BVA site is broke again but I found this case via google:

“In December 1999, the RO referred the veteran's claim to C&P

Service for consideration of an extra-schedular TDIU.

In July 2000, the Director of VA C&P found, in essence, that

the additional evidence indicated that the veteran was

precluded from employment primarily because of her skin

disorder and concluded that entitlement to an extra-schedular

TDIU was warranted. Thereafter, by rating action in July

2000, the RO implemented the C&P determination and assigned

an effective date for the award of April 11, 1995, the date

of receipt of the veteran's claim for an increased rating. “

http://www.va.gov/vetapp03/Files/0319123.txt

This claim was for an earlier EED.

[john999]

I read in VBM that a vet whose foot skin condition gave off a bad odor was enough to grant TDIU. The bad smell was a barrior to employment and this was recognized by a VA social worker.

[relpats]

USMC5811,Berta & john999,

Thank you so much for your concerned responses. This is a good website and I know because I posted this same experience on another website asking for guidance. They were picking my post apart and searching for some flaw in my depiction vs trying to help. What a great bunch of men and women you are!!! I will explore all options to combat this examiners condescension.

It is noteworthy to mention that upon retirement a VA briefer told the entire room of retiring veterans not to expect anything from the VA and as a result no one filed any type of claim. Besides, the VA was a debacle that we had somehow eluded: we weren’t maimed and confined to one of their hospitals.

15 years later with a severe eye infection (my good enough to see to drive with eye, the other is too weak) I went to the nearest base and was told that facility was closed to retirees. Next, I went to the VA clinic in town with my retired ID & DD Form 214 (Honorably retired and highly decorated) only to be told that they would not see me because I was not in the system. They actually looked at me with my swollen, red, crusting eye and told me I would have to drive to the VA MedicalCenter 40 miles away to get in the system.

Knowing that I can’t risk losing eyesight in this eye I call a local eye doctor and offer to pay cash to be seen today and can be treated at 4pm. I have enough time to drive to the VAMC before the appointment so I did and was subjected to a means test and by vurture of my military retired pay alone was not eligible for VA treatment.

An endearing VA employee told me to go down the hall and see a certain VA counselor. I did and he gave me some VA forms and encouraged me to fill them out.

Long story short I was assigned a 70% rating and missed out on a quarter of a million dollars in VA compensation over those 15 years because the VA sent a dirtbag to brief it's finest at their retirement briefing. Now to add insult to injury the VA puts a VA Form 21-8764 in the award package suggesting someone at my rating may be eligible for IU (never even heard of this) and to submit a VA Form 21-8940. Now a foreign doctor seeks to unravel the 70% rating just awarded 4 months ago because I filed a IU form at VA suggestion.

This is no way to say thank you to our service men and women!

Edited August 28, 2012 by relpats